Pleadings Flashcards
Dare v Pulham
Three purposes: 1 furnish statement of case sufficiently clearly to allow fair opportunity for other party to meet it 2 definite issues for decision 3 give D understanding of Ps claim
General Steel
Strike out under r 14.28
No reasonable prospects require so obviously untenable cannot succeed
Gunns v Marr
Strike out for r 14.28 unintelligible, ambiguous or so imprecise that deprives opposition opportunity to know allegations against them
Flower & Hart
R 14.28 abuse of process where collateral purpose
Blayne v Blake
Abuse of process where red judicata r 14.28
Goldsmith v Sandilands
Purpose of particulars is to give sufficient details to ensure other side can meet case / not be taken by surprise.